R. v. Hutchinson

R. v. Hutchinson

Conditional sentence and suspension rejected; custodial sentence of 18 months imposed because offender premeditated condom sabotage, breached intimate trust, and general deterrence and denunciation require incarceration; DNA order and 20‑year SOIRA registration ordered; weapons prohibition denied; victim surcharge waived due to incarceration.

Citation
2011 NSSC 462
Parties
Crown: Her Majesty the Queen; Accused: Craig Jaret Hutchinson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 December 2011
Procedural Posture
Criminal Sexual Assault / Sentencing
Outcome
Accused sentenced to 18 months imprisonment
Legal Topics
Sexual Assault, Condom Tampering, General Deterrence, Conditional Sentence, DNA Order, Sex Offender Registration, Victim Surcharge
Source Language
English
Criminal Law Sexual Offences Sentencing Sexual Assault Condom Tampering General Deterrence Conditional Sentence DNA Order +2 more

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Parties

Her Majesty the Queen

Crown

Craig Jaret Hutchinson

Accused

Procedural Posture

Criminal Sexual Assault / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate
  2. 2 Appropriate length of custodial sentence for condom sabotage sexual assault
  3. 3 Aggravating and mitigating factors including breach of trust and premeditation

Ratio Decidendi

Conditional sentence and suspension rejected; custodial sentence of 18 months imposed because offender premeditated condom sabotage, breached intimate trust, and general deterrence and denunciation require incarceration; DNA order and 20‑year SOIRA registration ordered; weapons prohibition denied; victim surcharge waived due to incarceration.

Court Disposition

Accused sentenced to 18 months imprisonment

Orders

  • 18 months imprisonment
  • D.N.A. order pursuant to s.487.051 of the Criminal Code